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The family of Burnett of Leys, with collateral - Electric Scotland

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DEESIDE BURNETTS: XVI. SIR ALEXANDER. 91<br />

the age <strong>of</strong> 14, to Alexander <strong>Burnett</strong>, younger <strong>of</strong> <strong>Leys</strong>, and her " share <strong>of</strong><br />

her father's fortune amounted to 7000 sterling, her father having left<br />

her the barony <strong>of</strong> Cowtoun, and seven years' full rent <strong>of</strong> his other estate,<br />

a very opulent fortune in those days."*<br />

On the 3rd November, 1704, a postnuptial contract was entered into<br />

between Alexander and Helen <strong>Burnett</strong>, to which Sir Thomas was a<br />

party, by which Helen made over Cowtoun (then <strong>of</strong> the yearly rent <strong>of</strong><br />

30 chalders <strong>of</strong> victual) and her third as heir-portioner <strong>of</strong> her father's other<br />

lands, to Sir Thomas, who, in consequence, became bound to infeft her,<br />

in the event <strong>of</strong> her surviving her husband, in 33 chalders <strong>of</strong> victual out <strong>of</strong><br />

his own estate, and to give her husband the fee <strong>of</strong> <strong>Leys</strong>, and to put both<br />

spouses in immediate possession <strong>of</strong> 36 chalders yearly out <strong>of</strong> Muchalls.<br />

It was probably his growing conviction <strong>of</strong> the encumbered state <strong>of</strong> his<br />

own affairs that led Sir Thomas, in the following year (i6th April, 1705),<br />

to enter into an obligation that, in the event <strong>of</strong> his doing any fact or<br />

deed by which his son should be excluded from his succession, he should<br />

be recompensed for his surrender <strong>of</strong> Cowtoun by 40,000 Scots paid to<br />

him, his heirs, or assignees.<br />

Sir Samuel Forbes <strong>of</strong> Foveran, describing Crathes in 1714, immediately<br />

after the death <strong>of</strong> Sir Thomas <strong>Burnett</strong>, says, " <strong>The</strong> house <strong>of</strong> Crathess is<br />

well built, well planted <strong>with</strong> natural and artificial wood ; the gardens<br />

produce delicate fruit ; the soil is warm, the victual substantious and<br />

weighty. Sir Thomas entered <strong>with</strong> a faire and free estate, by the<br />

assistance <strong>of</strong> a kindlie tutor ; had ample casualties from the Government,<br />

yet left his affairs difficulted to his son, Sir Alexander, whose commenda-<br />

tion 'twill be to retrieve the incumbrances "<br />

(Collections for the Shires <strong>of</strong><br />

Aberdeen and Banff, i., 38). Sir Thomas <strong>Burnett</strong>'s affairs indeed turned<br />

out, on his demise, in 1714, to be in a worse condition than had been<br />

contemplated. At a <strong>family</strong> council, held a few days after his death, the<br />

full extent <strong>of</strong> the embarrassments being as yet unknown, Sir Alexander<br />

became a party to an agreement <strong>with</strong> his mother and wife that he should<br />

*<strong>The</strong> second daughter, Agnes, married, in 1701, in accordance <strong>with</strong> her father's will,<br />

Thomas <strong>Burnett</strong> <strong>of</strong> Glenbervie. <strong>The</strong> third daughter, Jean, unable to fulfil her father's wish<br />

in consequence <strong>of</strong> the death, in 1695, <strong>of</strong> her destined husband (younger<br />

son <strong>of</strong> her uncle,<br />

James <strong>Burnett</strong> <strong>of</strong> Monboddo), married William, younger son <strong>of</strong> Sir Thomas <strong>Burnett</strong> <strong>of</strong> <strong>Leys</strong>,<br />

afterwards known as William <strong>Burnett</strong> <strong>of</strong> Criggie, and was ancestress <strong>of</strong> the sixth and later<br />

baronets <strong>of</strong> <strong>Leys</strong>.

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